Despite safety improvements, advances in technology, and campaigns aimed at safe driving and pedestrian protections, pedestrian accidents continue to occur in Feasterville and surrounding areas of Pennsylvania. These accidents have the potential to cause catastrophic damages to those they affect, changing – or taking – lives forever.
At the law offices of The Levin Firm, our compassionate Feasterville pedestrian accident attorneys are saddened every time we hear about a pedestrian accident in our state. We are passionate about representing the victims of these accidents and their families, and want to help you explore your legal options and recover the compensation that you deserve after an accident of this magnitude occurs.
Common Causes of Pedestrian Accidents in Feasterville
With very few exceptions, pedestrian accidents occur because of error, or negligence, on the part of one of the parties involved. Each party in a pedestrian accident – the driver of a motor vehicle and the pedestrian themselves – has a duty of care. When this duty of care is breached by either party, the chances of a collision occurring are high.
A driver has a duty of care to operate their vehicle within the confines of the law, and also in a manner that is generally considered to be reasonable, responsible, and safe. The duty of care may change depending upon the circumstances. For example, a driver may be expected to drive more slowly when weather is poor and visibility is impaired, or expected to exercise a greater degree of care when driving in school zones or neighborhoods where young children are known to be at play. A driver may breach their duty of care, leading to a pedestrian accident by:
But drivers are not the only ones who cause accidents; pedestrians may also be to blame. Like drivers, pedestrians also have a duty of care to protect themselves through lawful and reasonable actions. Jaywalking, entering a crosswalk when a crossing signal indicates that they should not do so, failing to cross a street at a marked crosswalk when one is available, walking while distracted, or walking while intoxicated are all irresponsible, and have the potential to be dangerous.
Who Is Liable for a Pedestrian Accident?
Liability for a pedestrian accident and related damages is dependent upon who caused the accident by breaching the owed duty of care. If a pedestrian was crossing at a marked crosswalk at a time when a crossing signal indicated that they should do so, and was hit by a driver who failed to yield, then this accident would very likely be the driver’s fault, and the driver would probably be 100 percent liable for the pedestrian’s damages.
But what happens if the pedestrian was crossing at a marked crosswalk, but was texting while walking and therefore had their head down, and did not look for oncoming vehicles before crossing? While the driver of the car still failed to yield, it could be argued that the pedestrian also acted negligently. In a situation like this, it may be determined that the pedestrian is 10 percent at fault for the crash, and the driver is 90 percent at fault.
When fault is split, Pennsylvania’s comparative negligence laws apply. Found in Section 7102 of Pennsylvania’s code, the law states that a plaintiff may still recover compensation if they contributed to their injuries (so long as their proportion of fault is not greater than the defendant’s), but that their damages will be reduced proportionately to their degree of fault. For example, if a pedestrian is 10 percent at fault for their injuries, then the driver would only be 90 percent liable for damages.
Damages Available in a Pedestrian Accident Claim
At The Levin Firm, our experienced Feasterville pedestrian accident attorneys can help you to prove that the driver in your claim should be 100 percent liable for your damages, and that they accident occurred through no fault of your own. We can also help you to seek the full value of your damages amount, including compensation for your:
Pedestrian accidents can lead to permanent injuries, such as traumatic brain injuries (TBIs) and spinal cord injuries resulting in paralysis. They can also lead to permanent disability, such as the permanent loss of use of a limb, or permanent pain. If you have suffered any other losses in addition to the ones listed above, economic or noneconomic, we will help you seek recovery for these, too.
Time is Running Out
In Feasterville, you only have two years from the date of an accident to file a claim for damages and seek recovery for your losses. If you do not file your claim within two years from the date of your injury, then you may be unable to recover compensation at all. If you are injured in a pedestrian crash, please do not hesitate to contact our law offices as soon as possible to schedule your free case consultation.
Call The Levin Firm Today
Our attorneys care about you, your recovery, and your future. We understand the process of filing a claim and proving fault can be confusing, which is why we are here to handle the entire process for your from start to finish. We handle your case with the compassion that you deserve, while also aggressively representing you in talks with an insurance adjuster, or in the courtroom if necessary.
You can schedule your free consultation with our law offices and experienced Feasterville pedestrian accident attorney today – simply fill out the form on our website, or call us directly. We look forward to meeting with you.
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